These Terms and Conditions of Sale shall apply to all sales;: made by the Seller and are deemed to be incorporated in any contract for sale of goods entered into by the Seller whether arising from on order received from the Buyer or resulting from a Quotation or arising from oral acceptance of repeat or further orders for the same or similar good and shall terminate. Cancel and supersede any previous written or oral agreements and understandings entered into between the Buyer and Seller.
In these conditions, unless the context otherwise requires:
(a)Buyer” means the person or company named in the Sales Invoice Form or Quotation and, in the case of an individual. His executors, administrators and assigns. And of a company its successors and assigns.
(b)Seller” means NERO
(c)Quotation” means the form of quotation submitted by the Seller to the Buyer.
(d)Sales Invoice Form” means the document called the sales invoice form issued by the Seller or the Buyer.
(e)Any special condition set forth in the Quotation shall be read and constructed so as to vary these printed terms and conditions but only to the extent of any inconsistency.
(f)means AUD, unless specified otherwise.
(g)Agreement” means each offer which is accepted by the company.
(h)GST means give to it by the GST Act.
(a)A quotation is not an offer. A quotation shall be valid for a period of 30 days from date of issue.
(b)An order placed by the Buyer Pursuant to a Quotation is not bunding on the Seller(including any purported variation to these Terms and Conditions contained in that Order) unless and until such Order and such conditions are accepted n writing by the Seller.
(a)All goods sold, with the exception of GST exempt goods. Will be subject to GST as detailed in the Official price list. The buyer must supply the seller with their ABN prior to, or at the time of, placing an order with the seller.
(b)Between the date of order and delivery if there is an increase in the seller of supplying the goods which is beyond the control of the Seller. Ten this shall be to the account of the buyer.
(c)An invoice handing and delivery charge of $25.00(excluding GST) applies on all orders below $300.00(excluding GST)
SHIPMENT AND DELIVERY
(a)The seller shall have the right to nominate the method of and the date of the delivery.
(b)If the seller prevented by circumstances beyond its control from shipping of delivering within the stipulated time. Such time will be extended for a reasonable period after such circumstances have ceased to operate and seller should not be liable for any loss or damage including consequential loss or damage whether direct in indirect, arising from delays in the shipping or delivery.
(a)Unless agreed to the contrary in writing the seller reserves the right to make part deliveries of any total. Failure to make delivery of the total order shall not invalidate the sale. Where delivery is effected by part delivering the goods the seller shall by entitled to invoice the customer for the goods delivered.
(b)The Buyer shall be responsible for and shall indemnify the Seller for loss of or damage to the goods from the time of delivery until paid for in full.
PASSING OF PROPERTY AND RISK
(a)While risk in the goods shall pass on delivery legal and equitable title shall remain with the seller until it has reveived full payment for all goods supplied by the seller. Pending such payment the Buyer shall hold the goods bailee for the seller and shall return the goods to the seller if so requested.
(b)Should the buyer fail to make due payment for the goods, or by an act or omission enable the appointment of a liquidator. Receiver and or official manager or being a natural person become insolvent or bankrupt or commit an otc of bankruptcy. The seller may without prejudice to any other rights it may have at its option. Do any or all the following:
(i)Cease any future deliveries of goods whether in transit or not:
(ii)where the goods have been delivered enter the premises to recover the goods and resell them for its own benefit.
(iii)suspend and/or terminate performance without penalty of any other contract for sale which the seller has with the buyer.
(iv)credit facilities may be withdrawn at the seller’s sale discretion without notice.
(v)request that all outstanding monies become due and payable upon the happening of any act of insolvency.
(c)this passing of property and risk clause it a term and condition of sale which will not be varied by the seller except pursuant to an agreement in writing between the buyer and seller.
CANCELLATION OF CONTRACT
(a)Unless expressly provided in writing the buyer shall have no right to cancel the contract. It is a right of cancellation is expressly reserved to the buyer it must be exercised by notice in writing to the seller not later than seven (7) days prior to the estimated date of delivery by the seller.
(b)Without prejudice to any other rights the seller may have the buyer shall indemnify the seller for any loss, damage or expense incurred by the seller should the buyer cancel any order or part of an order.
Dimensions, performance Data and Other Descriptive Detail
As the goods are the subject of continuous evaluation and the production methods subject to change the seller reserves the right to change without notice the construction design dimension and performance date of the goods
(a)The buyer shall be deemed to have inspected the gods and to have accepted the goods to be of the description, quality and quantity ordered, unless particulars of a claim to the contrary are notified to the seller in writing within seven 7 days of delivery.
(b)The seller shall not be obligated to accept return of goods unless such return is authorized by the seller.
(c)A restocking charge of 20% will apply to all approved returns.
(d)Goods annotated “made to order”, specially manufactured, machined, or cut to size to buyers’ specifications are not returnable. A 30% Non-refundable deposit is required at time of placing order.